Adams Cnty. C.P. Rules of Criminal Procedure Rule 150

A. This Rule shall apply to all bench warrants subject to the provisions of Pa.R.Crim.P. 150.

B. Individuals taken into custody as a result of the service of a criminal bench warrant

shall be immediately transported and committed to the Adams County Adult

Correctional Complex.

C. Upon commitment to the county prison, the Warden, or designated officer, shall

determine the nature of and source of the bench warrant.

1. If the warrant was issued by a judicial officer of another county, the Warden, or

designated officer, shall promptly notify proper authorities in the jurisdiction which

issued the warrant.

2. If the warrant was issued by a Magisterial District Judge from Adams County, the

individual shall be promptly produced before the on-call Magisterial District Judge. If

the matter is not resolved at that time, the individual shall be produced before the

Magisterial District Judge who issued the warrant within 72 hours of commitment to

the prison.

3. If the warrant was issued by a Judge of the Court of Common Pleas of Adams

County, the procedure set forth below shall be followed:

a. On or before 8:30 A.M. of the business day immediately following

commitment to the prison, the Sheriff, or designated officer, shall notify

the District Court Administrator of the commitment.

b. The District Court Administrator shall make arrangements for the

individual to be produced before the Court no later than 72 hours after

commitment to the prison and shall produce a scheduling list for the court

to be distributed to interested persons.

c. Upon receipt of the scheduling list, the Warden or designated officer shall

review and determine that all eligible defendants are listed for court, and if

it is determined that a defendant is eligible but not listed, the Warden or

designated officer shall immediately notify the District Court

Administrator.

4. Any proceeding scheduled pursuant to this Rule may be conducted by

videoconferencing. When video-conferencing is used, the judicial officer shall

promptly provide appropriate written notice to the prison to either retain or release

the individual.

Comment:

This Rule is designed to address those situations where an individual has been taken

into custody as a result of the issuance of a criminal bench warrant in a court case (see

Pa.R.Crim.P. 103). The Rule is not intended to address i) those situations where an individual

voluntarily appears before the Court prior to service of the warrant, ii) those circumstances

where the individual is taken into custody in or about the Adams County Courthouse, the

Court is open for business, and it would be impracticable or unreasonable to transport the

individual to the prison in accordance with this Rule, or iii) those situations where the Sheriff

of Adams County, in the exercise of discretion, directs an individual to appear before the

Court on a date and time certain (which shall customarily be the next regularly scheduled

Bench Warrant court.) Except in the first circumstance, the Sheriff shall promptly notify the

District Court Administrator of such apprehension or arrangement for the purpose of providing

notification to appropriate persons.

This Rule does not apply to warrants issued in civil matters, i.e. Domestic Relations,

Protection From Abuse. In those situations, it is expected that the individual will be promptly

produced before the judge who issued the warrant or such other judge who may be designated

by the President Judge. However, when a warrant is issued for failure to appear for an indirect

criminal contempt proceeding in a Protection From Abuse matter, it is advisable to follow the

procedure set forth in this Rule.

Notice to the District Court Administrator required by Paragraph 4 shall include, but not

be limited to, the identity of the person committed, the docket number(s), the date the warrant

was issued, and the date and time of commitment.

In scheduling a bench warrant hearing, the District Court Administrator shall follow

local practice. Generally, the hearing will be scheduled for 1:15 P.M. on the next available

Monday or Wednesday, whichever is sooner.